Introduction

Welcome to “MEFA Pathway YourPlanForTheFuture,” the web portal of the Massachusetts Educational Financing Authority (“MEFA”). MEFA provides this service to you subject to the following Terms of Use which may be updated from time to time without notice to you.  By accessing and using the domain www. mefapathway.org/.com/.net and all subdomains (the “website”), you are agreeing to be legally bound by these Terms of Use and the Privacy Policy which is incorporated into these Terms of Use by reference.

Terms of Use

  1. GENERAL.

    “MEFA Pathway YourPlanForTheFuture” (the “web portal” or “MEFA Pathway”) provides users with access to online resources and information to assist middle and high school students and their parents with guidance toward post- secondary success including the college and career search processes. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Use. You understand and agree that the Services provided through the website are provided “AS IS” and that neither MEFA, nor any of its partners or collaborators, assume any responsibility for the timeliness, accuracy or reliability of the web portal, or for any deletion, incorrect delivery, or failure to store any user communications or personalization settings.

    By using the web portal, you are representing to MEFA that:

    • You will not use the web portal for any unlawful purpose.
    • You understand and agree that MEFA may discontinue or change the web portal at any time, without notice.
    • You also understand and agree that MEFA may discontinue or restrict your use of this web portal for any reason without notice.
    • You are familiar with and agree to abide by these Terms of Use, including any updates or changes to these Terms of Use. In the event that you are unwilling or unable to abide by any amendments or changes to these Terms of Use, you will inform MEFA immediately by e‐mailing info@mefapathway.org by calling 800-449-MEFA (6332) and your use of the web portal will be terminated.
    • You will not upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the web portal or any other computer linked to the web portal, including computers of other users.
  2. MEFA PATHWAY PRIVACY POLICY.

    Data you provide and certain other information about you is subject to the MEFA Pathway Privacy Policy. For more information, see our full privacy policy at Privacy Policy

  3. MEFA PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY.

    The technology, ideas, concepts, graphics, trademarks, service marks, trade dress, graphical user interfaces, and computer software that enables or facilitates MEFA Pathway, together with the collection of factual data associated with the web portal (“Content”) is the property of MEFA or its licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws. Your use of the web portal and your access to the Content does not confer any right or license to use any of the Content for any purpose or by any means other than use in connection with the web portal. The web portal and the Content may be used only for your personal and non‐commercial use. You agree not to copy, reproduce, distribute, transmit, broadcast, circulate, modify, display, perform, publish, translate, create derivative works based upon, store, frame or link to any Content on the web portal without the express prior written consent of MEFA, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display, or transmit an insubstantial portion of Content for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the web portal, with the original source attribution, and the phrase in 14 point font “Used with permission from MEFA, Inc.” Under no circumstances are you permitted to post any Content from the web portal to forums, newsgroups, mail lists, electronic bulletin boards, or other websites, without the prior written consent of MEFA. To request consent for other matters, you may contact MEFA by emailing us at info@mefapathway.org. You further agree not to reverse engineer any aspect of the web portal or the Content, nor to use your access of the Content, or the web portal to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, or the web portal.

  4. MEMBER ACCOUNT, PASSWORD AND SECURITY.

    You will create a password and account designation upon completing the MEFA registration process and becoming a member. For security reasons and the protection of your information, these passwords must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify MEFA at info@mefapathway.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MEFA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  5. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

    The web portal includes facts, views, opinions, and recommendations of consultants, individuals and organizations not under the direct control of MEFA. MEFA and its Content licensors do not guarantee or warrant the accuracy, completeness, or timeliness of, or otherwise endorse these views, opinions, and recommendations. You should always seek the assistance of a professional for advice on investments, taxes, financial aid, the law, or other professional matters.

    Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such Content and the web portal.

    THE CONTENT AND THE WEB PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND MEFA AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, QUALITY, SUITABILITY, TRUTH, NONINFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MEFA PATHWAY OR THE CONTENT AVAILABLE THROUGH THE WEB PORTAL, OR THE WEB PORTAL ITSELF.

    WITHOUT LIMITING THE FOREGOING, MEFA AND ITS AFFILIATES, AGENTS, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR‐FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE WEB PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE WEB PORTAL OR SERVER(S) THAT MAKE THE WEB PORTAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT USE OF THE WEB PORTAL, THE CONTENT, OR THE WEB PORTAL ITSELF COMPLIES WITH ANY FEDERAL, STATE, OR LOCAL LAW RELATING TO PRIVACY OR DATA SECURITY, AND MEFA HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE FOREGOING. NEITHER MEFA NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE WEB PORTAL, AND/OR ANY CONTENT ON THE WEB PORTAL.

    IN NO EVENT WILL MEFA, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE WEB PORTAL OR THE CONTENT. MEFA AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  6. COPYRIGHT INFRINGEMENT ‐ DIGITAL MILLENNIUM COPYRIGHT ACT.

    MEFA respects the intellectual property of others. MEFA may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that the web portal contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act,

    17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding the web portal can be reached as follows:

    • BY MAIL: Massachusetts Educational Financing Authority 160 Federal Street, 4th Floor Boston, MA 02110

    • BY TELEPHONE: 800-449 MEFA (6332)

    • BY FACSIMILE: 617‐261‐9765

    Notice of Infringing Material.  Please provide a notification containing the following details:

    1. Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
    2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
    3. Your contact information so that we can contact you (for example, your address, telephone number, e‐mail address);
    4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
    5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
    6. Your physical or electronic signature.
  7. LINKS TO THIRD PARTY SITES.

    MEFA Pathway contains hyperlinks to websites operated by persons other than MEFA. Such hyperlinks are provided for your reference and convenience only. You agree not to hold MEFA responsible for the content or operation of such websites. A hyperlink from MEFA Pathway to another website does not imply or mean that MEFA endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content or make any purchases at any other websites to which you might link from MEFA Pathway.

  8. ADDITIONAL LEGAL TERMS.

    These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if these Terms of Use were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts.  If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved.

  9. TERMINATION.

    You agree that MEFA, in its sole discretion,  may terminate your password,  account  (or any part thereof) or use of the web portal, and remove and discard any content within the  web portal, for any reason,  including without  limitation, for lack of use, or if MEFA believes that  you have violated  or acted inconsistently with these Terms of Use. MEFA We may also  in our sole discretion and at any time discontinue providing the web portal, with or without notice. You agree that  any termination of your access to the  web portal under any provision of these Terms of Service may be effected without  prior notice, and acknowledge and agree that  MEFA may immediately deactivate or delete your account  and all related  information  and files in your account  and  bar any further access to such files or the  services provided.  Further, you agree that MEFA shall not be liable to you or any third party for any termination of your access to the web portal.